Blog #32: Software Freedom Law Center effectively blesses Microsoft's Android and Linux patent license deals

Software Freedom Law Center effectively blesses Microsoft's Android and Linux patent license deals

http://www.fosspatents.com/2013/05/software-freedom-law-center-effectively.html

There has been great support from the Software Freedom Law Center (SFLC) about Microsoft's Android and Linux patent licensing deals. The SFLC provides legal advice and their main goals is to help developers not worry about patent law but instead focusing on creating something that can help our world as a whole. Recently, Open Source Initiative's Chief Simon Phipp's criticized Google's VP8 patent because it was overly restrictive by FOSS standards. From this we know that SFLC and OSI are strongly endorsing Microsoft for their patent licensing deals with several different groups like Android and Linux device makers. 

The SFLC on the other hand endorses Google's proposed VP8 licensing for the following reasons:

• Google's VP8 license is separate license from the software copyright license, similarly to Microsoft's Android and Linux Patents.

• This doesn't place any restrictions on users to copy, modify, or redistribute free programs.

• Finally, these license agreements actually provide some additional protections to users and developers within the field of use.

Bottom Line:

Overall, this is very positive in terms of the patent wars. We have these two organizations (the SFLC and OSI) whose main goal is to create a less hostile environment and more collaborative environment in which better ideas trump beating your competitors. Also we are seeing companies lending patents to each-other and making deals with each-other. I believe companies are now starting to believe that collaborating with their competitors helps everyone instead of trying to hurt them.

YouTube Link: https://www.youtube.com/watch?v=3ItU9HJB6cg

Post #31: Preliminary ITC ruling in Apple's favor against Samsung will be reviewed thoroughly

Preliminary ITC ruling in Apple's favor against Samsung will be reviewed thoroughly

http://www.fosspatents.com/2013/05/preliminary-itc-ruling-in-apples-favor.html?m=

Last October, it was ruled that Samsung infringed on 4 of Apple's patents; three of which were utility patents with the fourth being a design patent. After this there was a request for an additional review to verify these rulings in which it was found that Android additional violations by Android's text selection feature. 

This week it was decided that the commission will review on all of these cases and decide by August 1st, 2013. The review will concerned the following patents:

•  '949 touchscreen heuristics patent
•   RE'922 translucent images patent
•  '697 plug detection patent
•  '501 plug detection patent
•  D'678 smartphone design patent

It is noteworthy that the commission said they would review the cases in their entirety and not as separate issues which implies it will be a much more binary case, instead of a few patents going to one side and a few going to another. 

Bottom Line:

In reference to the patent wars this is exactly what we don't want to see. It has become very typical for these cases to drag on for over a year and have several appeals involved. Additionally, when the ITC has to meet up again to review its previous decisions it just lends to a lot of wasted resources and time for all parties. It is clear here we need to reform our patent system given whenever a final ruling is handed down it is rare that the ruling is actually final.

YouTube Link: https://www.youtube.com/watch?v=3FLGEH6ofmw

Blog #30: Samsung's new U.S. display patents firm designed to satisfy the ITC's domestic industry requirement

Samsung's new U.S. display patents firm designed to satisfy the ITC's domestic industry requirement

http://www.fosspatents.com/2013/05/samsungs-new-us-display-patents-firm.html?m=1

Over the weekend Samsung announced that its display making group has invested $25 million dollars in creating the Intellectual Keystone Technology which bought up a lot of patents from Epson. Some argued that this would be a patent troll but the author of this article thinks this is legitimate for the following reasons:

• It is not a shell company that will be used exclusively just to hold patents. Samsung has been extremely transparent and has shown this company will actually create products and not just sue other companies than avoid being counter-sued because they don't product products. 

• The main reason Samsung created IKT is to satisfy the domestic industry requirement of the ITC which helps a lot in litigation.

•  This deal strengthens Samsung in terms of display patents and will allow them to operate with a lot more clout within the intense patent world.  

• Overall, this is a great move for Samsung because they are now able to do in-bound licensing and out-bound licensing. 

Bottom Line:

The bottom line here in reference to patent wars is that Samsung seems genuine in creating this entity and I don't believe they will use it to just sue others and as a patent troll. They have been very clear about their intentions and it is a strategically sound move. I believe this is overall positive for the patent wars because it establishes more trust between consumers and companies and also places pressure on other companies to not create entities solely to sue others.

YouTube Link: https://www.youtube.com/watch?v=1ju2rp8qCNc

Blog #29: Google appeals dismissal of Motorola's ITC complaint against Apple to the Federal Circuit

Google appeals dismissal of Motorola's ITC complaint against Apple to the Federal Circuit

http://www.fosspatents.com/2013/05/google-appeals-dismissal-of-motorolas.html?m=1

This article touches on the larger issue that is the poor decision by Google to acquire Motorola not for their assets but solely for their patent portfolio. Google spent $12.5 billion to acquire Motorola and has not seen a sizable ROI on this product. They have tried several ways and have now reverted to taking a shot in the dark  by taking a long shot appeal. Earlier this week, Google lost its ITC attempt to ban the Xbox and the US Trade agency has now ended its case with Apple. The Microsoft case was related to WIFI and the Apple case was related to a proximity sensor to deactivate a touchscreen.

What makes this so interesting is that this is already Google's second appeal from the ITC investigation. Last year, the ITC already threw out 3 of Google's appeals, which Google later appealed the dismissal of these patents. Unfortunately these appeals probably can't be consolidated which means more court resources will be wasted.

Bottom Line:

This article overall negatively contributes to the current patent wars we are in because we now see certain companies (Google) true intention's behind their cases. Google isn't trying to correct some wrong done by Apple or Microsoft, instead they are just trying to find some ROI on a poor acquisition that they made. I believe one way to possibly minimize situations like this is to set a limit on the number of appeals because they can just keep appealing decisions more and more which wastes tax payer dollars.

YouTube Link: https://www.youtube.com/watch?v=S6M2z8OpznA

Blog #28: How to grow a Unicorn Patent

How to grow a Unicorn Patent 

http://www.google.com/patents/US4429685
dq=4429685&hl=en&sa=X&ei=UkiEUfXhKsTQiwKbg4B4&ved=0CDUQ6AEwAA






This is the weirdest patent I have probably ever seen. This specific patent is meant to help grow a real unicorn from a goat's head by merging their two horns into one.

To make this even weirder here is the background on the official patent page:

The unicorn, both in mythology and history, possesses a unique reputation as being a fearless, courageous and beautiful animal and protector of other beasts. One theory explains the origination of the unicorn as being developed by herds-keepers for protecting the herd. The single center position horn is a lethal weapon for warding off predatory animals. It is thought that the herdsmen did not wish to employ dogs or other animals as guards since they are meat eaters and expensive to keep.

This is a very strange thing to patent but it goes to show how important patents. Clearly the person who patented this didn't pay all the money to file it for it to be a novelty item. They probably viewed this as a great business opportunity. 

https://www.youtube.com/watch?v=v2MixnmbaRI

Blog #27: Bizarre and stupid patents

Bizarre and stupid patents you wouldn't believe exist

http://listverse.com/2008/06/16/another-10-bizarre-and-stupid-patents/

Tal asked us for our last blog ever to just write about stupid patents. So I was very fortunate to find a list of 10 bizarre and stupid patents you wouldn't believe actually exist. Here are some of the best ones:

1. Baby Patting Machine- This machine is exactly what it sounds like, it was invented to help babies sleep more peacefully by patting them on the bottom.

     2. Electronic Snore Stopper- We actually went over this patent in class. Now while snoring is a common       problem for a lot of people, this patent is not the way to solve it. Every time you snore a jolt of electricity is sent right into your neck. 

3. A Firearm With a Whisky Glass Attached- Again this is a patent that sounds exactly like its name. I don't think it takes a rocket scientist to figure out why drinking and shooting aren't a good combination...

4. Toilet Lid Lock- This patent is originally from 1968 and places a lock on a toilet seat so no one can use the toilet. I am not sure the exact reason for this patent but it is interesting.

It is amazing that these patents exist. I don't imagine any infringing occurring on these.

https://www.youtube.com/watch?v=kLWpz0WjTQ8

Blog #26: Court rules Google will get Motorola's $12.5B price back from Microsoft if it waits almost 7,000 years

Court rules Google will get Motorola's $12.5B price back from Microsoft if it waits almost 7,000 years

http://www.fosspatents.com/2013/04/court-rules-google-will-get-motorolas.html

This article discusses how much Return on Investment Google will get on its $12.5 billion purchase of Motorola. It would take Google nearly 7,000 years of SEP royalties from Microsoft for this acquisition to return a positive profit. This article goes into a lot of further depth about how this acquisition for Google didn't make as much sense for the price they paid. There was a lot of speculation that Google made this purchase for Motorola's patents and not their other assets. 

This article featured the opinions of several other publications stating their opinions. Such as:

• AllThingsD: "Court Denies Motorola the Billions It Wanted From Microsoft for Standards-Essential Patents"
• ArsTechnica: "Court shreds power of Motorola’s standard-based patents"
• BBC: "US judge slashes $4bn Google royalty claim on Xbox" "Google's claim that Microsoft owes it billions in patent payments has been rebuffed by a US judge."
  
  
  This case is particularly interesting because it brings to light the potentially poor idea to purchase Motorola to just win patent wars. I feel it goes to show what lengths some companies will go to for success. 

YouTube Link: https://www.youtube.com/watch?v=9E_QxfJ6A6Y